20042019 Ver 4_More Info Received_20111107

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Dennison, Laurie
From: Chris Huysman [[e-mail]] i 1
Sent: Monday, November 07, 2011 8:50 AM
To: Higgins, Karen; Steve Tedder
Cc: Dennison, Laurie; Mcmillan, Ian
Subject: Re: Pond and Pipe Repair
Karen,
This looks good. Thanks for sharing the draft as it covers all that we discussed with you and the applicant. Looking
forward to the final version.
Chris
----- Original Message -----
From: Higgins, Karen
To: Chris Hussman ; Steve Tedder
Cc: Dennison, Laurie ; Mcmillan, Ian
Sent: Friday, November 04, 2011 3:39 PM
Subject: RE: Pond and Pipe Repair
Attached, please find the DRAFT of the 401 modification for Anderson Creek. I made the changes to the conditions in
track changes so you can see exactly what has changed. You'll note that condition #9 has been split into two to reflect
approval of the information you've submitted (now in condition 9) and the information that still needs to be submitted
and approved prior to impact (now in condition 10). If you have any comments or questions, please respond no later
than next Wednesday, November 9.
Thanks-
Karen
Karen Higgins
Supervisor, Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
NCDENR - DWQ - Wetlands & Stormwater Branch
1650 Mail Service Center, Raleigh, NC 27699-1650
Phone: [phone]
Email: [e-mail]
Website: http://portal.ncdenr.org/web/wq/swp/ws/webscape
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
Please consider the environment before printing this email.
From: Chris Huysman [mailto:[e-mail]]
Sent: Thursday, October 27, 20119:40 AM
To: Higgins, Karen; Steve Tedder
Subject: Re: Pond and Pipe Repair
Karen,
Attached is revised per your comments below. I have inserted the lake elevation, clarified that we will do BMAN below
the dam and kept the quarterly monitoring.
Chris
----- Original Message -----
From: Higgins, Karen
To: Steve Tedder
Cc: chris.huysman(cDwetland-consultants.com
Sent: Wednesday, October 26, 2011 10:31 AM
Subject: RE: Pond and Pipe Repair
Steve-
I did get your previous email, thank you for the updates. We have not received a revised lake & stream monitoring
plan after our last meeting on October 5th. We discussed a few lingering points that still needed to be resolved before
we can issue the modified 401. Based on my meeting notes, that includes:
Clearly defining the start date for monitoring. Currently it is written "after the lake is filled..." We discussed
including a specific elevation. I would recommend the following language "After the lake is filled to (insert lake
elevation), or within two years of completion of the construction of the dam, whichever occurs first, ..."
Aquatic life sampling as part of the stream monitoring - We discussed the possibility of only sampling this at
the downstream stream site. We also discussed the possibility of using the DWQ benthic stations. I have
reviewed the benthic stations and they are still quite some distance from the site, so I would recommend
keeping the aquatic sampling at the downstream site. Please modify the language in the plan to clearly reflect
this.
Frequency of qualitative and quantitative monitoring - We had discussed whether the quantitative
monitoring would be done quarterly throughout the year or monthly during the May-September period.
While the 401 only requires quarterly, we did discuss the benefits of doing the quantitative monitoring
monthly during the summer period as opposed to quarterly throughout the year. My understanding was that
you all were going to discuss this in further detail and include any changes with your revised plan.
Please let me know if you have any further questions regarding the items listed above. Once we receive the revisions,
we can move forward.
Thanks-
Karen
Karen Higgins
Supervisor, Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
NCDENR - DWQ - Wetlands & Stormwater Branch
1650 Mail Service Center, Raleigh, NC 27699-1650
Phone: [phone]
Email: [e-mail]
Website: http://portal.ncdenr.org/web/wq/swp/ws/webscape
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
A Please consider the environment before printing this email
From: Steve Tedder [mailto:[e-mail]]
Sent: Monday, October 24, 20113:42 PM
To: Higgins, Karen
Subject: FW: Pond and Pipe Repair
I assume you got my earlier e-mail. Jenifer wants the restoration done now rather than March and they are ready to
proceed as soon as the Corps approves the plan.
Just checking to see if you are close with that final version of the 401?
Hope so, and then my work on this project will be completed and I can move on.
Thanks
Steve
From: Chris Huysman [mailto:[e-mail]]
Sent: Monday, October 24, 20112:40 PM
To: Frye, Jennifer S SAW
Cc: Amschler, Crystal C SAW; Beter, Dale E SAW; Turlington, Chad; 'Steve Tedder'; [e-mail]
Subject: Pond and Pipe Repair
Give me the OK and I will get it done.
Chris
336 / 406-0906
3
A=A
NCDETdR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 4, 2011
Mr. David Levinson and Anderson Creek Partners, LP
125 Whispering Pines Lane
Spring Lake, NC 28390
Re: Anderson Creek South, Harnett County
DWQ #20042019, Ver. 4; USACE Action ID. No. SAW-2006-41244
South Prong Anderson Creek [030614, 18-23-32-2, C]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Levinson:
Attached hereto is a copy of Certification No. 3866 issued to Mr. David Levinson and Anderson Creek
Partners, LP, dated November 4, 2011. This certification replaces the previous certification issued
August 18, 2011. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control,
Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us
Sincerely,
Coleen H. Sullins
CHS/kah
Attachments: Certificate of Completion
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
cc: Becky Fox, EPA Region 4, 1307 Firefly Road, Whittier, NC 28789
Crystal Amschler, U.S. Army Corps of Engineers, Wilmington Regulatory Field Office,
Wilmington District
Chad Turlington, DWQ Fayetteville Regional Office
DLR Fayetteville Regional Office
File Copy
Chris Huysman, WNR, P.O. Box 1492, Sparta, NC 28675
042019 Ver3AndersonC reekDevelopment(Harnett)401 _I C
pliance and P eimi ting Unit (Nc135CaPe)
Carolina 27699-1650
(I
Mr. David Levinson and Anderson Creek Partners, LP
Page 2 of 6
November 4, 2011
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the Nortif Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 02H, Section .0500 to Mr. David Levinson and Anderson Creek Partners, LP, to
fill or otherwise impact 9.53 acres of 404/wetland (2.43 acres for dam fill and roadways and 7.1 acres for
flooding), 2,300 linear feet of stream (836 linear feet stream for dam fill and roadways and 1,464 linear feet
flooding), to construct a residential subdivision with recreational impoundment at the site. The site is
located on the east side of Ray Road and Nursery Road, north of Overhills Road, south of Lemuel Black
Road, west of Country Time Lane, and to the north of Spring Lake, Harnett County, North Carolina,
pursuant to an application dated October 28, 2010 (received by the DWQ on November 9, 2010, and Public
Notice issued by the U.S. Army Corps of Engineers on December 23, 2010, and received by the DWQ
December 23, 2010, and by additional information received on March 10, 2011, May 19, 2011, May 26,
2011, May 27, 2011, June 16, 2011, August 9, 2011, September 15, 2011, October 4, 2011 and October 27,
2011.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose submitted in the application and the design shown in materials
published in the Public Notice and subsequent revisions up through October 27, 2011. If the project is
changed, prior to construction, anew application for a new Certification is required. If the property is
sold, the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions of this Certification. Any new owner must notify the
Division and request the Certification be issued in their name. Should wetland or stream fill be requested
in the future, additional compensatory mitigation may be required as described in 15A NCAC 02H .0506
(h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland
impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application
for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed
below is required.
Conditions of Certification:
Impacts Approved
1. The following impacts are hereby approved conditional upon all of the other specific and general
conditions of this Certification being met:
Type of Impact Amount Approved (Units) Plan Location or
Reference
404/Wetland 9.53 (acres) [2.43 acres filled Application materials and
and 7.1 acres flooded] USACE Public Notice
Stream 2,300 (linear feet) [836 linear Application materials and
feet filled and 1,464 linear feet USACE Public Notice
flooded]
No other impacts are approved including incidental impacts.
Mr. David Levinson and Anderson Creek Partners, LP
Page 3 of 6
November 4, 2011
Sediment and Erosion Control
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/4011'ermit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality, standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of die above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer,' wetland or water prior to any land disturbing activities;
Deed Notifications
6. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and water supply buffers in order to assure protection of these resources and compliance with
applicable regulations as lots at re These mechanisms shall be put in place at the time of
recording of the property, or of individual lots, whichever is appropriate. A sample deed notification
can be downloaded from the Wetlands, Buffers, Stormwater, Compliance and Permitting Unit web
site at: littp:HL)ortai.ncdenr.org/web/wq/swp/ws/401/certsandpertnits/appl /forms. The text of the
sample deed notification may be modified as appropriate to suit to this project.
Miti *a? tion:
7. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP).
Mitigation must be provided for the proposed impacts as specified in the table below. You are
required to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement since a private mitigation bank is
not available and you have not elected to pursue development of a separate mitigation plan. Until the
EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program
Mr. David Levinson and Anderson Creek Partners, LP
Page 4 of 6
November 4, 2011
Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be
contacted at [phone] if you have any questions concerning payment into a restoration fund.
You have until 30 davs prior to the start of construction for any authorized wetland or stream impact. Deleted: ho days from the date of this approval
or August I. 2013, whichever Occurs first, to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the
following compensatory mitigation requirement:
Type of Amount Approved Plan Location or Reference
Impact (Units)
404/Wetland 9.53 (acres) Application materials and
USACE,Public Notice
Stream 836 (linear feet) Application materials and
OSACE Public Notice
if you chogsc to pursuc an alternative mitigation plan ahd„ purchase wetland and/or steam credits
from a prt iv to bank. then you must request a modification to this Authorization Certificate detailing
ffre alternative flan. No impacts specified in this Authorization Certificate shall occur until DW has
approved the modification request and payment has been made to the private mitigation bank or
p_ryrnLrj, had been made to EEP as described above.
Other Conditions
8. Construction Stormwater Permit NCG010000.
Upon the approval of an Erosion and Sedimentation Control plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the
project. This General Permit allows stormwater to be discharged during land disturbing construction
activities as stipulated by conditions in the permit. If your project is covered by this permit
[applicable to construction projects that disturb one (1) or more acres], full compliance with permit
conditions including the sedimentation control plan, self-monitoring, record keeping and reporting
requirements are required. A copy of this permit and monitoring report forms may be found at
littL)://Vortzil.ncdenr.org/web/wq/ws/su/constrLiction.
9. 't'he lake and.streanl 111011itoriIt g and management plan provided to this Office })n October 27, 2011
.shall blerriented. J_
10. A vy ucr rcle tSc plan rnust be Provided to this Office and_<proved in writing by DW ?(-before the
amp ov al it t acts may occur. This shall include construction-level design details for the dam and
impoundment, Along with an operation and maintenance schedule. The structural design drawings
and details of the dam are to include plan and profile views illustrating the height, toe, materials, and
spillway. The plan must include a written description of the specific discharge rate, a mechanism to
provide for each required release, and facilities to aerate the discharge to enhance dissolved oxygen
levels. The plan must also include any design specifications, details and calculations to show that the
release shall be achieved in the given conditions. The plan ,And any associated facilities and
equipment once approved, must be fully operational upon the completion of the dam.
11. Littoral shelves and native vegetation shall be provided along the shoreline for stability, safety,
shading and habitat, except in the area where the public beach is planned.
12. Native wetland species and shrubs shall be planted along the aquatic shelf in areas where practicable
to help promote diversity among species that may naturally propagate.
Deleted: A
Deleted: buffer area
Deleted: must be
Deleted: and approved in writing by DWQ
before the approved impacts may occur
Deleted: to include details of your minimum
water release plan for the proposed clam,
Deleted: The plan shall also include a monitoring
component that ensures compliance with water
quality standards. This shall include details of how
the impoundment discharge will he monitored to
ensure that water quality standards will not be
exceeded. This shall include a schedule for routine
monitoring to compare seasonal inflow water
quality standards to lacustrine conditions on an
annual basis, in perpetuity. An annual monitoring
report with results of four seasonal sampling efforts
shall be provided to this Office beginning one year
following completion of the dam.
Deleted: A
Deleted: detailed in the lake and buffer
management plan,
Mr. David Levinson and'Anderson Creek Partners, LP
Page 5 of 6
November 4, 2011
13. The use of motorized equipment as well as fertilizers and other chemicals in the lake and around the
shoreline and buffer zones should be strictly controlled so as not to cause direct or ancillary pollutant
issues downstream.
14. Two copies of the final construction drawings for the entire development included in this
Certification shall be submitted to DWQ for approval in writing before the proposed impacts may
occur.
15. This certification does not authorize or prohibit pumping or diverting of groundwater or surface
waters. All activities, including maintenance of lake levels, shall be performed so that no violations
of wetland standards (15A NCAC 02B .023 1), including but not limited to hydrologic conditions,
occur to wetlands on or adjacent to the project.
16. The Permittee or the Permittee's contractor other designated agent shall report any violations of this
Certification to the Division of Water Quality, Fayetteville Regional Office at 910-433-3300, within
24hours of discovery.
Re-opener Clause
17. Mr. David Levinson and Anderson Creek Partners, LP, and its authorized agents shall conduct its
activities in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. Mr. David Levinson and Anderson Creek Partners, LP,
shall require its contractors (and/or agents) to comply with all of the terms of this Certification, and
shall provide each of its contractors (and/or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction conu'act and available on the job site at all times. If
DWQ determines that such standards or laws are not being met (including the failure to sustain a
designated or achieved use) or that State or federal law is being violated, or that further conditions are
necessary to assure compliance, DWQ may reevaluate and modify this certification to include
conditions appropriate to assure compliance with such standards and requirements in accordance with
15A NCAC 02H.0507(d). Before modifying the certification, DWQ shall notify Mr. David Levinson
and Anderson Creek Partners, LP, and the US Army Corps of Engineers, provide public notice in
accordance with 15A NCAC 02H.0503 and provide opportunity for public hearing in accordance with
15A NCAC 02H.0504. Any new or revised conditions shall be provided to Mr. David Levinson and
Anderson Creek Partners, LP, in writing, shall be provided to the United States Army Corps of
Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and
shall also become conditions of the 404 Permit for the project.
Certification Is Not Valid Without 404 Permit Approval From U.S. Army Corps of Engineers
18. This 401 Water Quality Certification is not valid without the 404 Permit approval from the U.S.
Army Corps of Engineers. Additionally, the impacts approved in this 401 Water Quality Certification
may not be conducted until the final wetland and stream impacts for the project are agreed upon by
the U.S. Army Corps of Engineers. If the final wetland and stream impacts for the project, as agreed
upon by the U.S. Army Corps of Engineers, are different from those approved in this 401 Water
Quality Certification, then the applicant must submit a request for a modification to the 401 Water
Quality Certification.
Certificate of Completion
19. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Mr. David Levinson and Anderson Creek Partners, LP
Page 6 of 6
November 4, 2011
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) calendar days following receipt of this Certification. This request must be in the
form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. You
must also mail or hand-deliver a copy of the written petition to: Ms. Mary Penny Thompson, NC DENR
Office of General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601. If modifications are
made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon
written request within sixty (60) calendar days following receipt of the Certification. Unless such
petitions are filed, this Certification shall be final and binding.
This the 4" day of November 2011
DIVISION OF WATER QUALITY
Coleen H. Sullins`
CHSlkah
3866